revised March 2012

Cell Phone Policy and Guidelines Introduction This policy outlines the use and issuance of Cell Phones, PDA’s and Air Cards. Cell Phones, PDA’s, and Air Cards are provided so that employees can effectively manage their work demands and be responsive to co-workers and volunteers when out of the office for Autism Speaks (AS) business or when home-based. All employees will be required to sign a statement certifying receipt of and agreement with the Autism Speaks Cell Phone Policy and Guidelines (attached). Definitions The following definitions apply as they are referred to throughout this document. Cell Phone: Any hand held device that makes or receives phone calls, leaves messages, sends text messages, accesses the Internet, or downloads and allows for the reading of and responding to e-mail whether the device is supplied by Autism Speaks or personally owned; this includes all Cell Phones, PDA's, Air Cards, pagers, and palm pilots. Personal Digital Assistant (PDA): A handheld device that can be used as a mobile phone and allows access to the Internet and/or e-mail; for example, a BlackBerry or Palm Treo. Air Card: A wireless modem that allows the user to gain Internet access. Distribution and Assignment of Equipment The Controller and IT department are responsible for managing all Cell Phone contracts for Autism Speaks including the distribution and inventory of equipment, all services, features and applications. In order to obtain a Cell Phone, PDA, or Air Card, managers must submit a written request to the Controller with statements supporting the need for an employee to be issued an AS Cell Phone based on the following: 1. 2. 3. 4. 5. 6. 7.

Employee travels frequently for business. Employee is routinely out of the office on business related appointments and meetings. Employee demonstrates a need for constant communication. Employee is routinely required to be on call after business hours (before 9 a.m. and/or after 5 p.m.). The nature of work requires accessibility at any time or location. In the case of PDA’s, employee additionally demonstrates the ongoing need to instantly access e-mail and the Internet when at work-related, off-site meetings or while traveling for business. In the case of Air Cards, employee additionally demonstrates an ongoing need to communicate via their AS-issued laptop computer beyond the communication capabilities offered with their Cell Phone. Air Cards may be issued in place of providing Internet access for some field offices.

Cell Phones, PDA’s and Air Cards will not be issued to any employee who is office based and does not reasonably meet the above requirements unless special circumstances prevail and the request has been approved by the Chief Financial Officer. Once a written request has been submitted and approved, the Controller will then work with ITSupport to order new or reuse inventoried equipment and activate the appropriate services. Cell Phone Calling Plans All employees will be set up with the standard business plan which allows 450 minutes per month with unlimited nights and weekends. Legitimate business use in excess of 450 minutes per month will be evaluated, and when necessary, plans will be adjusted accordingly to accommodate higher or lower business usage. Text messaging plans are not standard and will only be added based on need. AS-Issued Cell Phone Numbers The phone numbers that are issued for Autism Speaks’ Cell Phones and PDA’s are AS numbers. You can not transfer your personal Cell Phone or PDA number to an AS-issued device. AS Cell Phones are not issued to replace personal Cell Phones or PDA’s; your personal device should be kept for personal use.

Lost, Stolen or Broken Equipment If your AS-issued Cell Phone, PDA or Air Card is lost, stolen or broken, employees should notify ITSupport ([email protected]) immediately during regular business hours (9 a.m. – 5 p.m.), or the morning of the next business day. Broken equipment should be sent to ITSupport for repair. Employees who repeatedly or intentionally lose or damage equipment may be required to reimburse Autism Speaks for the full retail value of the equipment. Legitimate Use of AS-Issued Cell Phones Cell Phone use for business purposes is appropriate, but employees should consider less expensive modes of communication if they are available (land lines, pagers, e-mail). Consistent with current business practice, Autism Speaks has a limited number of minutes on contract. Excessive use could result in overage charges by the service provider and additional costs to AS. Employees should not allow other individuals in the workplace or at home to use their AS-issued Cell Phone. Switching, loaning or trading phones is prohibited. Employees are prohibited from changing equipment or adding, changing, deleting or downloading any services, features or applications to their AS-issued Cell Phone. Personal Calls Brief (1 – 3 minute) personal calls are allowed on a limited basis. Bills will be reviewed each month to determine excessive usage. Users who abuse the personal call privilege may be subject to reimbursing the organization at the contract rate for personal calls. Phone calls that are outside of the network area (roaming calls) may not be made for personal use. International and Roaming Calls Calls made from outside the network (roaming), international phone calls and directory assistance calls are discouraged, and land lines should be used whenever possible. Incoming and outgoing international phone calls and data transmission are charged at very high rates. Therefore, Cell Phones and Air Cards should be kept off while traveling internationally and used only as necessary for business purposes. If you will be traveling internationally and will require more than limited use of your Cell Phone or Air Card, contact ITSupport when travel arrangements are made, or at least one week prior to travel. Your plan can be temporarily modified to an international calling plan. Air Cards Air Cards are to be used for business-related Internet access only. Air Cards will not be issued to provide Internet access for home-based employees. Employees are prohibited from using Air Cards to gain Internet access for personal or home use. Home/Office Phones Office phone lines should not be forwarded to an AS-issued Cell Phone number, unless absolutely necessary. Forwarding service should be terminated when you are in your office. Home phone lines should never be forwarded to an AS-issued Cell Phone. Illegal or Inappropriate Use of AS-Issued Cell Phones Autism Speaks prohibits any activity that involves sexually-oriented, offensive, threatening, harassing, or intimidating materials, etc., that may or may not be a violation of federal and state laws. Reimbursement for Business Use of Personal Cell Phone If you have been approved for but have not yet been issued an AS Cell Phone and are using your personal device for business purposes, reimbursement will be based on the device you have been approved for as follows: the lesser of your actual Cell Phone business usage, or up to $25 per month the lesser of your actual PDA business usage, or up to $50 per month Note: Personal Phone use is not reimbursable if you have been issued an AS Cell Phone.

Proper and Safe Use of Cell Phones While at work, employees are expected to exercise the same discretion in using personal Cell Phones and PDA’s as is expected for the use of AS-issued Cell Phones and PDA’s. Excessive Cell Phone use during the work day can interfere with employee productivity and be distracting to others. Cell Phones should be turned off or set to silent or vibrate mode during meetings, events, tapings and other locations where incoming calls may disrupt normal workflow. Cell Phone use should not occur during any labor or activity where the distraction of the device may place the safety of the user or anyone else in jeopardy. Cell Phones and PDA’s should be charged on a regular basis; this assures ready use for calls and extends battery life. Use of Cell Phones While Driving Driver inattention is a factor in a majority of motor vehicle accidents. We are not only concerned about your safety, but also the safety of others who could be put in harm’s way by inattentive driving. Many countries and localities have prohibited the use of Cell Phones and PDA’s while driving. All employees are expected to follow applicable state and federal laws or regulations regarding the use of Cell Phones and PDA’s at all times. AS-Issued Cell Phones/AS-Supplied Vehicles Whether the business conducted is personal or company-related, employees using an AS-issued Cell Phone or an AS-supplied vehicle are prohibited from receiving or placing calls while driving without a hands-free device, and are prohibited at all times from text messaging, accessing the Internet, and receiving or responding to e-mail. Personal Cell Phones Employees using personal Cell Phones while driving are prohibited from receiving or placing calls without a hands-free device, and are prohibited at all times from text messaging, surfing the Internet, and receiving or responding to e-mail, if you are in any way conducting business that is related to your employment; the organization; our customers; our vendors; volunteer activities, meetings, or civic responsibilities performed for or attended in the name of Autism Speaks; or any other company-related activities not named here while driving. Safety must come before all other concerns. When driving on business, or driving while conducting business on behalf of Autism Speaks in any other manner, you are strongly encouraged to: Allow voicemail to handle your calls and return them when safe. If you need to place or receive a call, pull off the road to a safe location and stop the vehicle before using your phone. Ask a passenger to make or take the call. Inform regular callers of the best time to reach you based upon your driving schedule. If placing or accepting an emergency call, keep the call short and use hands-free options, if available. When receiving an emergency call, ask the caller to hold briefly until you can safely pull your vehicle off the road. The only exception to the above is for calls placed to 9-1-1. Employees who are charged with traffic violations or are involved in an accident resulting from the use of their Cell Phone or PDA while driving will be solely responsible for all liabilities from such actions. Return of Cell Phones Autism Speaks reserves the right in its sole discretion to request the return of an AS-issued Cell Phone at any time. Upon separation of employment from Autism Speaks, employees are responsible for returning all equipment to their manager; all services will be suspended upon separation. Managers take final responsibility for assuring employees return equipment. Upon receipt of the equipment, managers should immediately return the equipment to ITSupport. Individuals who fail to return equipment upon separation will be required to reimburse Autism Speaks for the full retail value of the equipment plus service and contract termination fees. Autism Speaks may use all means available to procure the non-returned equipment, up to and including legal remedies.

Disciplinary Action/Reimbursement of Costs for Inappropriate Use Employees who use Cell Phones for personal use deemed to be outside the legitimate use description of this policy will be responsible for reimbursing the organization for the cost of those calls by personal or certified check as requested by the Controller. Employees who violate any of the prohibitions cited in this policy may be subject to disciplinary actions, up to and including termination of employment and legal prosecution. Management Responsibilities As with any policy, management staff is expected to serve as role models for proper compliance with the provisions outlined herein, and are encouraged to regularly remind employees of their responsibilities in complying with this policy. Data Retrieval and Confidentiality Autism Speaks reserves the right to retrieve and access any electronic messages, e-mails, attachments, etc., from an AS-issued Cell Phone or PDA for internal review for any reason, and/or external review which may or may not involve litigious matters.

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND AUTISM SPEAKS. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. AUTISM SPEAKS RESERVES THE RIGHT TO REVISE THE CONTENTS OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT. THIS POLICY IS EFFECTIVE IMMEDIATELY.

AS-Issued Cell Phone Acceptance Agreement I, _________________________________, the recipient of an AS-issued Cell Phone, have read the Cell Phone Policy and Guidelines and in consideration of Autism Speaks, Inc. arranging for a Cell Phone to be issued to me, do hereby agree to and understand the following terms and conditions. 1.

Autism Speaks, Inc. reserves the right in its sole discretion to request the return of an AS-issued Cell Phone and all related equipment at any time.

2.

The Cell Phone will be used mainly for business purposes and will only be used for any purpose that is of a personal or private nature on a limited basis. Excessive personal use may result in service suspension or the required return of the AS-issued Cell Phone and will subject me to disciplinary action up to and including termination of employment.

3.

I will exercise due caution in the use and security of my Cell Phone to ensure the safe custody of the Cell Phone. In the event my Cell Phone is lost or stolen, I will immediately notify ITSupport of Autism Speaks, Inc. I understand that I will be issued a replacement Cell Phone as soon as administratively possible and that this agreement and release applies to any replacement or reissued Cell Phones received by me. If stolen or lost Cell Phones are not reported, I will be held liable for fraudulent and/or termination charges on the account.

4.

I agree to comply with the Legitimate, Proper and Safe Use standards outlined in the Cell Phone Policy and Guidelines.

5.

I will not change any equipment or add, change, delete or download any services, features or applications to my AS-issued Cell Phone.

6.

I am willing to accept and comply with all relevant Autism Speaks, Inc. policies, procedures and guidelines and any reasonable instructions issued by Autism Speaks, Inc. Failure to comply may result in service suspension, the required return of the AS-issued Cell Phone, and disciplinary actions, up to and including termination of employment and legal prosecution.

7.

Upon termination of my employment from Autism Speaks, Inc. or upon request for return of Cell Phone equipment, I will return the Cell Phone and all related equipment issued to me immediately to my supervisor and agree that I will pay in full upon demand, all outstanding personal charges due, if any. I further agree and understand that any unsettled outstanding personal charges may be deducted from my pay, consistent with applicable state laws.

I agree and understand that Autism Speaks, Inc. may use all means available to procure any non-returned equipment, up to and including legal remedies, and may recover from me the full retail value of the equipment plus service and contract termination fees, attorney’s fees and other legal fees incurred for my failure to return the Cell Phone equipment when requested. Further, I hereby release Autism Speaks, Inc. from any and all liability from my misuse of the Cell Phone.

Signature of Employee: Title: Date:

For office use only Date Received: _____________________________ Date Equipment Issued: ______________________ Controller’s Signature: _____________________________________